Auckland RC 26 December 2015 -R 4 – Chair, R Seabrook
ID: JCA14299
Code:
Thoroughbred
Meet Title:
Auckland RC - 26 December 2015
Meet Chair:
RSeabrook
Meet Committee Member 1:
ADooley
Race Date:
2015/12/26
Race Number:
R4
Decision:
As the breach was admitted we find the charge proved.
Penalty:
Under a normal charge of careless riding where there is no fall involved the starting point is 5 days. However we considered this breach to be vastly different.
After taking all the above factors into account and under the provisions of rule 1106 (2) we impose a suspension of Mr Bosson' riding license from after racing on 1 January until the conclusion of racing on 20 January (10 days). This equates to 1 day less than 3 weeks. In addition we order a fine of $1000. We have factored into our decision that Mr Bosson will still be under suspension on 16 January for the Wellington meeting which is an iconic raceday when the Group 1 Telegraph will be run.
The Committee imposed a $1,000 fine because his 11th day of suspension would have been the iconic race meeting at Wellington on 23 January which involves a Group 1 race. This approach is consistent with other penalties.
Facts:
Following race 4, the New Zealand Herald 1400, an Information was filed pursuant to rule 638 (1)(d). The Informant alleged that Mr O Bosson allowed his mount MONGOLIAN EMPIRE to shift in near the 1000 metres dictating THE JUSTICE LEAGUE (Mrs L Tiley) in onto the heels of XTRAVAGANT (M Cameron) causing THE JUSTICE LEAGUE to clip heels and fall.
Rule 638 (1) (d) reads: a rider shall not ride a horse in a manner which the committee deems to be careless.
Mr Coles demonstrated the video films pointing out MONGOLIAN EMPIRE racing in a 3 wide position passing the 1200 metres. On his inside and slightly further back was THE JUSTICE LEAGUE with XTRAVAGANT racing on the rail and adjacent to MONGOLIAN EMPIRE. Mr Coles said that at the 1000 metre mark Mr Bosson let his mount shift in approximately 1 horse width when only a bare length clear of THE JUSTICE LEAGUE. This inward movement by Mr Bosson forced Mrs Tiley to turn her mount's head in trying to get away from MONGOLIAN EMPIRE but she was unable to avoid clipping the heels of XTRAVAGANT resulting in her mount blundering and falling.
Mr Bosson admitted he did come over gradually but thought XTRAVAGANT may have moved out slightly when Mrs Tiley's mount clipped heels. He concluded by saying he had never put anyone down before today's incident.
Submissions for Penalty:
Mr Oatham produced Mr Bosson's record which showed one breach in the last 12 months, a record he described as a good one. He added that Mr Bosson had also incurred 1 careless riding charge in Melbourne during Cup week. However, today's breach occurred on a major day with the race being worth $50,000. He added that a fall had occurred although fortunately Mrs Tiley escaped any serious injury. Mr Oatham also said that the rest of the field had been affected to some degree by the fall. He submitted a starting point for a suspension where a fall had occurred would be one of 4 weeks. However because of some factors in Mr Bosson's favour he said a 3 week suspension would be appropriate.
Mr Bosson said he had commitments up to and including 1 January so asked for a deferment until that time. He said if it were possible he would like to be back for the Karaka Million on 24 January and he would accept a fine in addition to a proposed suspension.
In answer to a question from the committee he said he did not intend to ride at Reefton on 6 January or Hokitika on 13 January.
Reasons for Penalty:
The committee has carefully considerd all evidence and submissions.
The mitigating factors are Mr Bosson's admission of the breach and his very good record for a busy rider. However these must be balanced against the consequences of his actions which resulted in Mrs Tiley being dislodged from her mount. This is a significant aggravating factor. The committee assesses Mr Bosson's level of carelessness to be mid range because he moved in when only a bare length clear of THE JUSTICE LEAGUE.
When we reviewed the films it was clearly evident that Mr Bosson had looked to his inside prior to the incident and we are satisfied that he has moved approximately one horse width when not the required distance clear. The committee referred to other penalties where falls have occurred and a rider has been dislodged. These range from 8 to 18 days and a $1,000 fine for a top end penalty.
The committee also reviewed the question as to whether the rest of the field was affected as a result of the fall. We found this to be minor.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 71cdfcd57cc6706793e3fab75364e089
informantnumber: 6930
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 27/12/2015
hearing_title: Auckland RC 26 December 2015 -R 4 - Chair, R Seabrook
charge:
facts:
Following race 4, the New Zealand Herald 1400, an Information was filed pursuant to rule 638 (1)(d). The Informant alleged that Mr O Bosson allowed his mount MONGOLIAN EMPIRE to shift in near the 1000 metres dictating THE JUSTICE LEAGUE (Mrs L Tiley) in onto the heels of XTRAVAGANT (M Cameron) causing THE JUSTICE LEAGUE to clip heels and fall.
Rule 638 (1) (d) reads: a rider shall not ride a horse in a manner which the committee deems to be careless.
Mr Coles demonstrated the video films pointing out MONGOLIAN EMPIRE racing in a 3 wide position passing the 1200 metres. On his inside and slightly further back was THE JUSTICE LEAGUE with XTRAVAGANT racing on the rail and adjacent to MONGOLIAN EMPIRE. Mr Coles said that at the 1000 metre mark Mr Bosson let his mount shift in approximately 1 horse width when only a bare length clear of THE JUSTICE LEAGUE. This inward movement by Mr Bosson forced Mrs Tiley to turn her mount's head in trying to get away from MONGOLIAN EMPIRE but she was unable to avoid clipping the heels of XTRAVAGANT resulting in her mount blundering and falling.
Mr Bosson admitted he did come over gradually but thought XTRAVAGANT may have moved out slightly when Mrs Tiley's mount clipped heels. He concluded by saying he had never put anyone down before today's incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Bosson's record which showed one breach in the last 12 months, a record he described as a good one. He added that Mr Bosson had also incurred 1 careless riding charge in Melbourne during Cup week. However, today's breach occurred on a major day with the race being worth $50,000. He added that a fall had occurred although fortunately Mrs Tiley escaped any serious injury. Mr Oatham also said that the rest of the field had been affected to some degree by the fall. He submitted a starting point for a suspension where a fall had occurred would be one of 4 weeks. However because of some factors in Mr Bosson's favour he said a 3 week suspension would be appropriate.
Mr Bosson said he had commitments up to and including 1 January so asked for a deferment until that time. He said if it were possible he would like to be back for the Karaka Million on 24 January and he would accept a fine in addition to a proposed suspension.
In answer to a question from the committee he said he did not intend to ride at Reefton on 6 January or Hokitika on 13 January.
reasonsforpenalty:
The committee has carefully considerd all evidence and submissions.
The mitigating factors are Mr Bosson's admission of the breach and his very good record for a busy rider. However these must be balanced against the consequences of his actions which resulted in Mrs Tiley being dislodged from her mount. This is a significant aggravating factor. The committee assesses Mr Bosson's level of carelessness to be mid range because he moved in when only a bare length clear of THE JUSTICE LEAGUE.
When we reviewed the films it was clearly evident that Mr Bosson had looked to his inside prior to the incident and we are satisfied that he has moved approximately one horse width when not the required distance clear. The committee referred to other penalties where falls have occurred and a rider has been dislodged. These range from 8 to 18 days and a $1,000 fine for a top end penalty.
The committee also reviewed the question as to whether the rest of the field was affected as a result of the fall. We found this to be minor.
penalty:
Under a normal charge of careless riding where there is no fall involved the starting point is 5 days. However we considered this breach to be vastly different.
After taking all the above factors into account and under the provisions of rule 1106 (2) we impose a suspension of Mr Bosson' riding license from after racing on 1 January until the conclusion of racing on 20 January (10 days). This equates to 1 day less than 3 weeks. In addition we order a fine of $1000. We have factored into our decision that Mr Bosson will still be under suspension on 16 January for the Wellington meeting which is an iconic raceday when the Group 1 Telegraph will be run.
The Committee imposed a $1,000 fine because his 11th day of suspension would have been the iconic race meeting at Wellington on 23 January which involves a Group 1 race. This approach is consistent with other penalties.
hearing_type: Hearing
Rules: 638 (1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Rider of MONGOLIAN EMPIRE
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 50764ee6054ccdc399f617a6280c80de
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6b29adc4a0c5c1d7ba2fd5850401abc8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2015
meet_title: Auckland RC - 26 December 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
meet_pm1: ADooley
meet_pm2: none
name: Auckland RC